Ganju @ Ramesh vs State Of Rajasthan (2023:Rj-Jd:41939)
2023 Latest Caselaw 10394 Raj

Rajasthan High Court - Jodhpur

Ganju @ Ramesh vs State Of Rajasthan (2023:Rj-Jd:41939) on 4 December, 2023

Author: Manoj Kumar Garg

Bench: Manoj Kumar Garg

[2023:RJ-JD:41939]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
               S.B. Criminal Appeal (Sb) No. 2240/2023

Ganju @ Ramesh S/o Jagraj Singh @ Jodha Singh, Aged About
27 Years, R/o Ward No. 12, Purana Ward No. 08, Sector No.12,
Hanumangarh Junction, Dist. Hanumangarh (Presently Lodged In
Dist. Jail, Hanumangarh)
                                                                    ----Appellant
                                    Versus
1.       State Of Rajasthan, Through Pp
2.       Kela Ram S/o Pathana Ram, B/c Bazigar, R/o Village
         Jandawali, Tehsil Tibbi, Dist. Hanumangarh
3.       Manjit Singh S/o Kela Ram, B/c Bazigar, R/o Village
         Jandawali, Tehsil Tibbi, Dist. Hanumangarh
                                                                 ----Respondents


For Appellant(s)          :     Mr. Teja Ram for Mr. Achala Ram
For Respondent(s)         :     Mr. Aneesh Bhurat, PP



          HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Order

04/12/2023

Heard.

Admit.

Learned Public Prosecutor accepts notice on behalf of

respondent-State. Issue notice to respondent No.2, returnable

within a period of eight weeks.

Heard on suspension of sentence application No.1383/2023.

Upon a consideration of the arguments advanced on behalf

of the appellant and having regard to the facts and circumstances

of the case including the fact that appellant was on bail during trial

and hearing of the appeal is likely to take a long time, therefore,

[2023:RJ-JD:41939] (2 of 3) [CRLAS-2240/2023]

this Court is of the opinion that it is a fit case for suspending the

sentence awarded to the appellant.

Accordingly, the application for suspension of sentence filed

under Section 389 Cr.P.C is allowed and it is ordered that the

sentence passed by the learned Additional Sessions Judge, No.2

Hanumangarh vide judgment dated 16.09.2023 in Sessions Case

No.97/2018 against the appellant Ganju @ Ramesh S/o Jagraj

Singh @ Jodha Singh shall remain suspended till final disposal of

the aforesaid appeal subject to depositing the 50% fine amount as

imposed by the learned trial Court, provided he executes a

personal bond in the sum of Rs.1,00,000/- with two sureties of

Rs.50,000/- each to the satisfaction of the learned trial Judge for

his appearance in this court on 05.01.2024 and whenever ordered

to do so, till the disposal of the appeal on the conditions indicated

below:-

1. That he will appear before the trial Court in the month of January of every year till the appeal is decided.

2. That if the appellant changes the place of residence, he will give in writing his changed address to the trial Court as well as to the counsel in the High Court.

3. Similarly, if the sureties change their address, they will give in writing their changed address to the trial Court.

4. The appellant shall deposit 50% of fine amount as imposed by the trial court.

The learned trial Court shall keep the record of attendance of

the accused-appellant in a separate file. Such file be registered as

Criminal Misc. Case related to original case in which the accused-

appellant was tried and convicted. A copy of this order shall also

be placed in that file for ready reference. Criminal Misc. file shall

[2023:RJ-JD:41939] (3 of 3) [CRLAS-2240/2023]

not be taken into account for statistical purpose relating to

pendency and disposal of cases in the trial court. In case the said

accused-appellant does not appear before the trial court, the

learned trial Judge shall report the matter to the High Court for

cancellation of bail.

(MANOJ KUMAR GARG),J 1-raksha/-

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